Hira Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.48604 of 2014 (03) dt.22-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48604 of 2014 Arising Out of PS.Case No. -98 Year- 2013 Thana -BISFI (PATAUNA) District- MADHUBANI ====================================================== Hira Sahani .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Saroj Kumar-Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-06-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Binod Ranjan Nishad along with Nagendra Sahani had gone to the tea shop of Satya Narayan Sahani and while they both were seeping tea, their opponent Rani Devi arrived and soon thereafter, three persons ridden over a motorcycle came, who talked with Rani Devi and then thereafter, Rani Devi left the shop. Two persons got down from the motorcycle and made indiscriminate firing causing injury to Binod Ranjan as well as Nagendra Sahani, then thereafter, they escaped. Both the injured were taken to hospital where Binod was declared dead. Dispute with regard to settlement of saiyat in between Rani Devi as well as deceased, Binod has been shown motive for commission of occurrence.

Patna High Court Cr.Misc. No.48604 of 2014 (03) dt.22-06-2015 So far petitioner Hira Sahani is concerned, he is not named in the first information report. Subsequently thereof, during course of further statement, the informant, brother of Binod had stated that petitioner was standing along with Magic Vehicle and he refused to carry the injured to hospital. During course of investigation, similar kind of statement has been made so far petitioner is concerned, by the witnesses. However, one of the injured, who survived was examined under Section 164 Cr.P.C.

recorded under Paragraph-176 of the case diary whereunder he had alleged that members of the opposite camp escaped over Magic Van belonging to the petitioner as well as also identified the petitioner to be the member of the opposite camp and on account thereof, petitioner has been made an accused. That being so, in event of arrest/ surrender within four weeks from receipt/ production of order, petitioner, Hira Sahani is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Bisfi P. S. Case no.98 of 2013, in terms of condition, so laid down, under Section 438(2) Cr.P.C.